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Frederick Carlton Lewis v. Kim Guadagno

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


September 13, 2011

FREDERICK CARLTON LEWIS, APPELLANT
v.
KIM GUADAGNO, SECRETARY OF STATE; PAULA DOW, ATTORNEY GENERAL; JOSEPH RIPA, CAMDEN COUNTY CLERK; TIMOTHY TYLER, BURLINGTON COUNTY CLERK; EDWARD P. MCGETTIGAN, ATLANTIC COUNTY CLERK; JOHN DOES I-X (FICTITIOUS NAMES), JOINTLY AND SEVERALLY AND IN THE ALTERNATIVE, APPELLEES WILLIAM LAYTON; TED COSTA, INTERVENORS/APPELLEES

The opinion of the court was delivered by: Thomas L. Ambro Circuit Judge

D.N.J. No. 11-cv-02381

Present: SCIRICA*, AMBRO and VANASKIE, Circuit Judges

ORDER

The judgment of the District Court, entered September 7, 2011, is hereby reversed. The District Court, inter alia, incorrectly applied a rational basis standard of review of this asapplied challenge, rather than the stricter compelling state interest standard. See Wellford v. Battaglia, 343 F.Supp. 143 (D. Del. 1972), aff'd,485 F.2d 1151 (3d Cir. 1973). The State has failed to demonstrate a compelling state interest in the application of this durational residency requirement to this particular candidate. Accordingly, it is hereby ordered that the ballots at issue in this appeal include the name of Appellant. Opinion of the Court to follow.

By the Court,

* Judge Scirica dissents.

Appeal No. 11-3401

Frederick Lewis v. Kim Guadagno, et al

DWB/cc:

20110913

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